Current through Register Vol. 63, No. 12, December 1, 2024
(1) For
purposes of this rule:
(a) An "assistive
communication device" means any equipment designed to facilitate communication
by an individual with a disability;
(b) An "individual with a disability" means a
person who cannot readily understand the proceedings because of deafness or a
physical hearing impairment, or cannot communicate in the proceedings because
of a physical speaking impairment;
(c) A "qualified interpreter" for an
individual with a disability means a person readily able to communicate with
the individual with a disability, interpret the proceedings and accurately
repeat and interpret the statements of the individual with a
disability.
(2) If an
individual with a disability is a party or witness in a contested case
proceeding:
(a) The administrative law judge
shall appoint a qualified interpreter and make available appropriate assistive
communication devices whenever it is necessary to interpret the proceedings to,
or to interpret the testimony of, the individual with a disability.
(b) No fee shall be charged to the individual
with a disability for the appointment of an interpreter or use of an assistive
communication device. No fee shall be charged to any person for the appointment
of an interpreter or the use of an assistive communication device if
appointment or use is made to determine whether the person is disabled for
purposes of this rule.
(4) When an interpreter for an individual
with a disability is appointed or an assistive communication device is made
available under this rule:
(a) The
administrative law judge shall appoint a qualified interpreter who is certified
under ORS 45.291 if one is available
unless, upon request of a party or witness, the administrative law judge deems
it appropriate to appoint a qualified interpreter who is not so
certified.
(b) The administrative
law judge may not appoint any person as an interpreter if the person has a
conflict of interest with any of the parties or witnesses, is unable to
understand or cannot be understood by the administrative law judge, party or
witness, or is unable to work cooperatively with the administrative law judge,
the person in need of an interpreter or the representative for that person. If
a party or witness is dissatisfied with the interpreter selected by
administrative law judge, a substitute interpreter may be used as provided in
ORS 45.275(5).
(c) If a party or witness is dissatisfied
with the interpreter selected by the administrative law judge, the party or
witness may use any certified interpreter except that good cause must be shown
for a substitution if the substitution will delay the proceeding.
(d) Fair compensation for the services of an
interpreter or the cost of an assistive communication device shall be paid by
the agency except, when a substitute interpreter is used for reasons other than
good cause, the party requesting the substitute shall bear any additional costs
beyond the amount required to pay the original interpreter.
(5) The administrative law judge
shall require any interpreter for a person with a disability to state the
interpreter's name on the record and whether he or she is certified under ORS
45.291. If the interpreter is
not certified under ORS
45.291, the interpreter must
state or submit his or her qualifications on the record and must swear or
affirm to make a true and impartial interpretation of the proceedings in an
understandable manner using the interpreter's best skills and judgment in
accordance with the standards and ethics of the interpreter
profession.
(6) A person requesting
an interpreter for a person with a disability, or assistive communication
device for an individual with a disability, must notify the administrative law
judge as soon as possible, but no later than 14 calendar days before the
proceeding, including the hearing or pre-hearing conference, for which the
interpreter or device is requested.
(a) For
good cause, the administrative law judge may waive the 14-day advance
notice.
(b) The notice to the
administrative law judge must include:
(A)
The name of the person needing a qualified interpreter or assistive
communication device;
(B) The
person's status as a party or a witness in the proceeding; and
(C) If the request is in behalf of an
individual with a disability, the nature and extent of the individual's
physical hearing or speaking impairment, and the type of aural interpreter, or
assistive communication device needed or preferred.
Stat. Auth.: ORS 657
Stats. Implemented: ORS
45.272 -
292